Generally, it is an offence to knowingly install, use or cause to be used, or maintain a listening device to record a private conversation, whether or not the person is a party to that private conversation.
Australia has a patchwork of state laws that cover listening devices and the surveillance of conversations. Generally, it is legal to record conversations that are not private (or intended to be private).
Legal use of listening and recording devices
It is legal to use listening or recording devices in public areas, in an office or business area, or in one's own home. Many people use listening devices to record evidence or to take notes for their own reference.
While a law enforcement agency may install listening devices or surveillance equipment in your home after obtaining a valid court order, it is illegal for anyone else to do so without proper consent. Both the federal government and all states prohibit illegal eavesdropping.
According to the Surveillance Devices Act 1999 (Vic), it's permissible for audio recordings that capture a conversation the person is involved in. That said, it's illegal to record any private activity without the permission of the other person or people, which may include neighbours.
All Party Consent - It is illegal to record a private conversation with a listening device regardless of whether or not you're a party to the conversation without first gaining consent from everyone involved.
The short answer: No. State law makes it an offence to record a person without their consent unless you're protecting yourself or your property.
Many listening devices operate on or just outside of the FM band. You can check for bugs in your house by turning a handheld FM radio to any and all “quiet” frequencies, then walking around the house. If you hear a high pitched squeal, it is an indicator of a microphone installed somewhere.
In walls and electrical outlets
More sophisticated hiding places include false walls, compartments, electrical outlets, and plugs. If someone is paranoid, they might go so far as to sweep their home for listening devices regularly; however, to the average person, your listening device would be impossible to detect.
Can Listening Devices Hear Through Walls? Yes, listening devices can hear conversations through walls of an office building or home, whether they are made from brick, concrete, sheetrock or other materials.
Federal law requires one-party consent, enabling you to record a conversation in person or over the phone, but only if you are participating in the conversation. If you are not part of the conversation but you are recording it, then you are engaging in illegal eavesdropping or wiretapping.
The fact is it's legal, and it's happening. However, just because your device can listen to you legally doesn't mean that it can't listen to you illegally. Just like with any other device connected to the internet, your smartphone can be infected with spyware or malware that can track your activity.
It's a criminal offence to take or distribute photos or videos of someone without their consent when the person is: in a private place, or. doing a private act in circumstances where they would reasonably expect privacy.
If you are a party to the conversation, the use of a Listening Device is not restricted. If you're not a party to the conversation, you need consent from all the parties - not just one. Consent may be express or implied.
In Australia, the legality of using secret recordings as evidence in court depends on the state's specific legislation. Generally, recording a private conversation without consent is considered illegal, but there can be exceptions. The Court can admit them in certain circumstances.
To hear effectively we need to have what we call good signal to noise ratio (SNR). Hearing aids help to filter out noise and increase the signal (speech) so the wearer can hear effectively. Up to a distance of 6 feet all of the features within hearing aids work efficiently at filtering out this background noise.
Cheap listening devices can last up to a week, while high-quality listening bugs with a good battery or reliable power supply can last for months.
Static, popping, or scratching sounds on your phone lines – This is caused by the capacitive discharge which occurs when two conductors are connected together (such as a bug or wiretap on a phone line). This is also a sign that an amateur eavesdropper or poorly trained spy is playing with your phone lines.
Unusual sounds during calls
If there are clicking sounds, static, or distant voices coming through your phone during conversations it could be a sign that you're being snooped on. This is not normal for today's phones on digital networks.
In Australia, you cannot sue someone for cheating with your spouse, nor can you sue your spouse for cheating. Cheating, or adultery, is not considered a criminal offence, nor is it a basis to sue someone.
“Strictly speaking, it's not illegal to leak your colleague's text messages,” Rogers explains. “However, the leaker could be in breach of their confidentiality obligations to their employer and their conduct would likely amount to serious misconduct.”
It is an offence for a person to knowingly install, use or maintain an optical surveillance device to record visually or observe a private activity to which the person is not a party, without the permission of each party to the activity. Maximum penalty: 240 penalty units or imprisonment for 2 years or both.